The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. Summary of grounds for appeal;

A. misunderstanding of facts and legal principles 1) On November 20, 2013, the amount that the Defendant, related to the amount acquired through deception No. 11, No. 11, No. 201, Nov. 20, 2013, intended to borrow from the victim E on November 20, 2013 is KRW 20,000,000,000,000,000 remaining 1,66,000,000,000,000 won was deducted from the amount at the time. The Defendant did not borrow the remainder of KRW 50,00 from the victim

Therefore, on November 20, 2013, the amount of fraud is KRW 16.6 million.

2) The lower court related to whether a single comprehensive crime was committed is in the relationship of a single comprehensive crime consisting of Nos. 1 to 17 per annum of the daily list of crimes in the attached Form.

I considered it.

However, the structure in which the Defendant borrowed money from the damaged party and received interest from a third party to pay the principal and interest to the injured party, and the structure in which the Defendant directly borrowed the principal and interest to the injured party according to his own needs cannot be deemed as a single criminal intent.

In addition, between Korea and Japan, there are about 4 months, about 10 months and about 11 hours between 6 and 7, and about 5 months between 12 and 13, and about 4 months between 6 and 7, the renewal of the criminal intent should be deemed to have been made every time.

Therefore, there is a relation between 1 to 17 each year of the list of crimes in the annexed sheet of crimes.

shall not be deemed to exist.

3) Whether a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) is established or not, as shown in the attached Table 2, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), which requires that the amount of profit shall be at least KRW 500 million, is not established, unless the amount of profit is one inclusive.

Even if a comprehensive crime is a single crime, the sum of the amount obtained by deception on November 20, 2013 is more than 16.6 million won, and the sum of the amount of damage (i.e., No. 1 to No. 17,800,000 won (=547,800,000 won - 50,000 won) as shown in the attached Table of Crimes, and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) is not established.

B. The court below rendered unfair sentencing.